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Home My WebLink About20182038.tiffPETITION TO STATE BOARD OF ASSESSMENT APPEALS 1313 Sherman Street, Room 315 Phone: 303-864-7710 Denver, Colorado 80203 Fax: 303-864-7719 RECEIVED JUL 05 2018 WELD COUNTY COMMISSIONERS Property Owner: Tagawa Greenhouses, Inc. Subject Property: 17999 CR 4, Brighton, CO 80603 Schedule Number(s): Acct. # P3789407 Appeals the decision of the Weld County Board of County Commissioners This appeal is: Abatement Appeal Date: 06/26/2018 For Office Use Only Docket No. 1404,1 Fee: Y Check/Credit Card #/ Payment Trans #: P F H Dated: 06/20/2018 Tax Year(s): 15-16 The subject property is currently classified as: Personal Property Actual Value assigned to the subject property$1,679,364 Petitioner's estimate of vaiue:$1,000,000 Estimated time for Petitioner to present the appeal: 3 hours. Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator. Appearance: Petitioner will be represented by an attorney Attorney would like to appear in person If the property owner is an entity, it must appear under the representation of an attorney licensed in Colorado except as follows. A closely held entity may be represented by an officer of the entity as long as the amount in controversy does not exceed $15,000, exclusive of costs, interest or statutory penalties. A closely held entity can have no more than three owners. See Section 13-1-127, C.R.S. A closely held entity that will be represented by an officer of the entity must provide a letter to the Board with this petttion stating that It has no more than three owners and that the tax amount at Issue does not exceed $15,000. A trust filing a petition may be represented by a trustee, an attorney or an agent. Filling Fee: $101.25 Petitioner will be represented by an agent or by an attorney. In the space below, please explain why you disagree with the value assigned to the subject property Personal Property was overvalued because of inadvertent errors in the renditions supplied by taxpayer to the County. 2018-2038 COnniv,c r- c A+lo rNS 131-11-I? 2.C/. `RF e Bg, / oK> , o--os—t�s Documents attached to this petition: Board of County Commissioner Appeals The Decision of the County Board of Commissioners Certificate of Service I certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed, faxed or hand delivered to the County Board of Equalization, the Board of County Commisioners or the State Property Tax Administrator who made the decision relating to this appeal and to all co -owners or parties directly interested in the subject property on the date I submitted the Petition to the State Board of Assesment Appeals. ATTESTATION I understand that in accordance with Sections 18-8-503 and 18-8-501(2XaXI), C.R.S., false statements made herein are punishable by law. I state under penalty of perjury in the second degree, as defined in Section 18-8-503, C.R.S. that: I am the owner of the property that is the subject of this appeal, or I am the authorized agent or attorney for the owner of the property that is the subject of this appeal; and The information in this Petition to the State Board of Assessment Appeals (including all attachments) is true and correct to the best of my knowledge and belief. I understand that, upon acceptance by the Board of Assessment Appeals, I will need to pay the required filing fee associated with this Petition, if any. I understand that no further changes can be made to the Petition or attachments, unless corrections are required by the Board of Assessment Appeals. I understand my obligation to mail, fax or hand deliver a true and correct copy of the Petition (including all attachments) to the County Board of Equalization, the Board of County Commissioners or the State Property Tax Administration who made the decision relating to this appeal and to all co -owners or parties directly interested in the subject property. I will mail, fax or hand deliver the Petition (including all attachments) on the date I submit the Petition to the Board of Assessment Appeals. Petitioner's mailing address is required even if Petitioner is represented by an agent or attorney. C4- 6440 Signature of Attorney Signature of Petitioner Higgins, Hopkins, Mclain & Roswell, LIc Tagawa Greenhouses, Inc. Company Name Property Owner Higgins, Hopkins, Mclain & Roswell, tic - William A MclainWilliam Kluth Printed Name Printed Name 1777 S. Harrison Street 17999 CR 4 Mailing Address Mailing Address Denver, CO 80210 City, State, Zip Code Telephone: 303-987-7140 Brighton, CO 80603 City, State, Zip Code Telephone: 303-655-5210 Daytime number Email: wmclainD,hhmrlaw.cam Email: It is the Petitioner's responsibility to notify the BAA of any change of address. Petitioners are strongly encouraged to read the Instructions and Rules of the Board of Assessment Appeals prior to completing this Petition Form. The Instructions and Rules are available on the Web at www.dola.Colorado.gov/baa or may be requested by phone at 303-864-7710. June 20, 2018 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 TAGAWA GREENHOUSES, INC. 17999 CR 4 BRIGHTON, CO 80603 RE: SCHEDULE NUMBER P3789407 Dear Property Owner: On June 11, 2018, the Board of Weld County Commissioners considered your petition for abatement or refund of taxes and denied same. Pursuant to Section 39-2-125(f), C.R.S., you have the right to appeal this decision to the State Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and instructions from: Board of Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: (303) 864-7710 Email: dola_baa@state.co.us. in preparation for appealing to the State Board of Assessment Appeals you may also go to the following state link to obtain any further information you may need to proceed, htto://www,dola.state.co.us/baafindex.htm Very truly yours, Chloe A. Rempel Deputy Clerk to the Board crempel@weldgov.com cc: Weld County Assessor Higgins, Hopkins, McLain and Roswell, LLC RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES - TAGAWA GREENHOUSES, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a duly and lawfully called regular meeting held on the 11th day of June, 2018, at which meeting there were present the following members: Chair Steve Moreno, Commissioners Sean P. Conway, Julie A. Cozad, and Mike Freeman, with Commissioner Barbara Kirkmeyer not being present, and WHEREAS, notice of such meeting and an opportunity to be present has been given to the taxpayer and the Assessor of said County, with said Assessor, Christopher Woodruff, being present, and taxpayer, Tagawa Greenhouses, Inc., being represented by Higgins, Hopkins, McLain and Roswell, LLC, not being present, and WHEREAS, the Board of County Commissioners has carefully considered the attached petition, and is fully advised in relation thereto. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board concurs with the recommendation of the Assessor and the petition be, and hereby is, denied, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED VALUATION ABATEMENT OR REFUND TAX YEAR $0.00 $0.00 2015 $0.00 $0.00 2016 c�c a-3t;ccwt (to( Dticj ca.cp-l-uec), meet. /CcPPc. RE,P ow o1©/t8' 2018-1821 AS0099 ATTEST: f ;t1 Weld County Clerk to the Board BY:L `Pe Deputy Clerk to the Board APDA TAX ABATEMENT PETITION — TAGAWA GREENHOUSES, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of June, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELCOUNTY, COLORADO Steve Moreno, hair EXCUSED Barbara Kirkmeyer, Pro-Tem can P. C way ounty Attorney 'r►; x. �.� �nf� Mike Freeman Date of signature: orr I t r 1 W 2018-1821 AS0099 Cowdy: PETITION FOR ABATEMENT OR REFUND OF TAXES Weld Date Received RECEIVED Amiga Petition►,, please complete Section I only. Date: December 11,2017 Month Day Year Petitioner's Nine: Ta>tawa Greenhouses Inc. Petitioners Matting Address: 17999 Weld County Rd. 4 Brighton Colorado City or Trim SCHEDULE OR PARCEL NUMBERS) 147125000015 Account: P3789407 (ersonal Property) (Use Assessoes or Commissioners' oats Stamp) 80603 DEC 15 2017 WELD COUNTY ASSESSOR GREELEY, COLORADO RECEIVED MAY 092018 Stabs WELD COUNTY Dp°ade COWAISSIONERS PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY 17999 Weld County Rd. 4 Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the above p property to been ter and ate 2200 are incorrect for the fo lu reasons: (Briefly describe why 61e taxes kY erroneously or illegally,erroneous whether due to valuation, luation, irregularity In levying, clerical error or overvaluation. • Attach additional sheets it necessary.) The Subject Properties are overvalued. Yaks 51.500,000Yw 2015 Yates S1•5°'Oear 2016 I declare, under penalty of perjury In thetectind degree, that this petition, together with any accompanying exhibits or statements, has been prepared or examined by me, and to Wiliest of my knowledge, information�ief, is true, cared, and complei3e. `1Nztc .Q1I.,Ar.; Wwlam A. McLain (99941) Attomeytor Petitioner Higgins. Hopkins. McLain a Roswell, LLC 1777 S. Harrison Street, Suite 750 Denver, CO -80210. - Telephone: (303) 987-9870 Emai:vemCain©tttrnrlaWcom - 2O18-1821 If the Board of County Ccmmiselonsrs, pursuant to f 39 -1D -114O), C.R.B.. or the Property Tax Damon, pursuant to f 39-2-116. CAS.. denies th portion for refund or abatement oftaxes in whale or is pit, the Petitioner may appal to the Bind of Asseanan tAppale pwsant to the provisions off 39.2-125, C.R.S., Wean thirty days of eta ally of any sUrhdsdelen. 639-104 14.6(1). CRS. Assessor's Recommendation (ForAsseseows the Only) Tax Yea9-0 Brawl aeristed las oriel 1, Dig364jYt_b2Q ` A2467,3fv` coniti AbalerRefund Tax Year ..0„112 DOW MIMS TM $4/,3 `Y.41/ qv/,� ?�t�o $(.6,734, 41%02 gD ot9i1/,510 0 ,Pr ❑ Assessor recommends approval as outlined above. If the rogue:St for abatement Missed protest valuation tw begirt land Notice ODstemntadon hathe grounds of s been mailed abatement or the taxparefund yer. §39-1O-114(1)06OM. § �1a1144( )060 ). objection or Tax yew Protest? Tex year: Protest? Q No ❑Yes(If. p,eesstwN* plus.. attach acopy elVis NOD.) 0 N ©Yee diaproem was /Med,pleas Ukiah acopy ofthe W.M.) '`Assessor recommends denial for the following tlhbasot(s): . • No thformadian ?1(d.ad to justify Cl r" l 7 . 'WEPT -AR No. 92046/16 FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY, (Section m grSeston N must be ooepislid) Every petition for abatement or rotund tged pursuant to f 39-10-114, C.R.S. stal be acted upon pursuant to the provisions of this section by the Bond of County Commissioners or the Awsaor, as sppnopn4le, within six months of its dale d1Nig such petition, § 39.1-113(1.7), C.RS. Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to $10AMD) fiiSi C tens of County authorize the Assessor by Resolution No. to- for abatement or refund and to settle by written mutual agreement any such petition oorr hi abatement or refund an amount of $10,000 or temper per tad, parcel, or btof land or per schedule of personal prtperty @n Wince with § 39-1-113(1.5), C.R.S. The Assessor and Petitioner rmdudy agree to the values and tax abatementingund of: .+.:r, ... .. ) Tax Wm Tax Year ' MOM a Ier h Corrected AbatNMfund Mete: The total tax amount doss not include accrued Memo% PeaselisAlliu feessewd.led with lele antler delinquent tat payments. y appeceble. Please contact to County Treasurer for full payment iMerrnston. -me Assessor's or Deputy Assessors Signature Dale Sec ion IV: Decision of this County Commissioners mum bt conpr!ted if Section d dose not 1ppy) WHEREAS, the County Commissioners of County, State of Colorado, at a duly and lawfuity called regular meeting held on • / _ . / at which meeting there were present the following members:. Month Day Yer. with notice of such meeting and an opportunity to be present having been given to the Petitioner and the Assessor of said County and Assessor (wig present —not pand Petitioner (being present -not present), and WHEREAS, the said rums County Commissioners have carefully considered the within petition, and are fully advised in relation thereto. NOW BE IT RESOLVED, that tri! Board (does not ey+ree) with the recommendation of the Assessor and the petition be ( Si pare —d ) with an abatemerrarefund as follows: Year Assessed Value TaxesAb.WRsfund Year Assessed Value Taxes AbslelRefimd Chairperson oldie Sand of County Commissioners' Signature ( County Clerk and Ex -officio Clerk of the Board of County Commissioners in and for the aforementioned county, do herebyyantify that the above and foregoing order is truly copied from the record of the proceedings of . of the Board Commissioners. IN WITNESS WHEREOF, them hereunto set my hand and affixed the seal of said County this day of _ Month Year County clsd(s or Deputy Coady Clerk'salgnstue Nate: Abatements greater t than $10,000 per schedule, per year, nest be submitted in duplicate to to Property TaxAarninistrater for wriest Action of the Property Tax Administrator - `tom all abalenne's% ouster then $10,000) The action of the Board of County Convnissionerrs, relative to this abatement petition, is hereby O Approved O APPS in Part $ O Denied for the following reason(s): Su:retails Sianmura Property Tax A&itnitr tor'$ Signature Date 1S.OPT-AR No, 92346/18 Hello